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Home My WebLink AboutORD 2008-179 2006-2008 ~JMtv^or N~~ COUNTY OF HAWAII STATE OF HAWAII 08 179 BILL NO. 390 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 95 119, WHICH AMENDED ORDINANCE NO. 91-83, WHICH AMENDED ORDINANCE NO. 87-9, AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), AS AMENDED, RECLASSIFYING LANDS FROM AGRICULTURAL - 20 ACRES (A-20a) TO AGRICULTURAL - 3 ACRES (A-3a) AT WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-007:003. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 95 119 is amended as follows: "SECTION 2. [This :1 In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition) the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: ((A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created bathe proposed use. A. The petitioners, successors or its assigns shall be responsible for complying with all of the stated conditions of approval; B. It shall be demonstrated to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the lands being considered for subdivision under these change of zone requests. For the purpose of this condition "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage and timber; game propagation; raising of livestock, including but not limited to poultry, bees, fish or other animal or aquatic life that are propagated for economic or personal use. An agricultural activity will be considered substantial: I. If such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation service; or 2. If it provides a major source of income to the persons(s) who reside on the property; or 3. If the property is dedicated for Agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and with a copy filed with the Planning Department. The execution of a farm dwelling agreement may also suffice in lieu of the above requirements. Each approved lot must comply with one or more of the above requirements to satisfy the conditions of approval of these change of zone requests. C. [Subdivision plans,;hAll hLsijhmitted to he Dla ng Der«...w within six flienths ftem the effeetive date of approval of this afnendfrient.] Final subdivision approval -2- shall be secured within [three] five years from the [date Of:eeeipt of revised teiAative subdivision ] effective date of this amended ordinance. D. A drainage system shall be installed in accordance with the requirements of the Department of Public Works. E. [Only ene aeoess shall be allowed] Access to the proposed subdivision [€rem A-la ] shall comply with the Subdivision Code and meet with the approval of the Department of Public Works. [ ; Fr.] F. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein [ma)~ at the developer's eleetion, be satisfied by perfefmanee in aeserdane-a with] shall be credited towards the requirements of the Unified Impact Fees Ordinance. [ eampliedwith in a tiniely fashion, the Planning Director- shall initiate rezoning of the pFepefty to its original of more -prepri A--:- ] G. To ensure that the goals and policies of the Housing Element of the General Plan are implemented if applicable the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy, This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of final subdivision approval; H. Should any unidentified sites or remains such as artifacts shell bone or charcoal deposits, human burials, rock or coral alignments pavings or walks be encountered work in the immediate area shall cease and the Planning Department shall be immediately notified Subsequent work shall proceed upon an archaeological -3- clearance from the Planning Department when it finds that sufficient mitigative measures have been taken: L Comply with all applicable County. State and Federal laws rules regulations and requirements: J. If the applicant should require an additional extension of time the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED Y: COUNCIL ME ER, COUNTY OF AWAI°I Kona,Hawai'i Date of Introduction: November 21, 2008 Date of I st Reading: November 21, 2008 Date of 2nd Reading: December 17, 2008 Effective Date: December 31, 2008 REFERENCE Comm. 1539 -4- Y p - sc 1 9 CC Z N A aca z 0 oe A A C ~ -I 1 A-9oa I A-°Jc AGRICULTURAL (A-20o) TO AGRICULTURAL (A-5o) AREA ='Z4-g47 ACMES A- Oc A-3a A•~oo x Q 0 i 1 q-4o e . I D O m KGUI-CH AI A-Zoo . Q Q A- ao o 41 n A Y9Y 4~ 1 1. I ~ A•3o A-.aoo i ,A A-4oq A-10 0 AMENDMENT TO THE ZONING CODE AMEN01N0. SECTION 25-QJS-A (NORTH ANO SOUTH KOHALA 01TIQICTS ZON1- MAP) ARTICLE S, CHAPTER Z5 (ZONING CODE) OF THE . HAWAII COUNTY COME, BY CHANGING THE UISTRIGT• CLASSIFICATION• FROM AGRICULTURAL (A-~Oa) TO ASI~ICUL-'URAL (A-3a) AT KAHUA IST AND WAIKA, NOF2TH KOHALA, tiAWAiI. PREP^Ma,D BY : PLANNING DEp, RJ7"E".T Cou NTY of HAWAII TMK : S-~-o7.= ~ Nov. Z4, I.Z)H6 EXHIBIT "AII FOR REFERENCE ONLY RECEIVIY OFFICE OF THE COUNTY CLERK nee _ Y County of Hawaii Deft---- y~3 B Kona, Hawaii ~ untr Council Introduced Bv: K. Angel Pilago ROLL CALL VOTE Date Introduced: November 21, 2008 AYES NOES ABS EX First Reading: November 21, 2008 Ford X Published: N/A Higa X Hoffmann X REWRK.S. Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X -1 Second Reading: December 17, 2008 8 0 1 0 To Mayor: December 26, 2068 Rclurncd: December 31, 2008 ROLL CALL VOTE Effective: December 31, 2008 Published: January 10, 2009 AYES NOES ABS EX Enriques X _ Ford X REil GI RKS: Greenwell X Hoffmann X - Ikeda X Naeole X ---I Onishi X -1 Yagong X Yoshimoto x I 8 0 1 0 1 i."C1 HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicai,,d above. APPROVED AS TO FORM D LEGAL!-,'Y: COUNCIL CHAIRPERSON DEPUTY C R ORATION COUN L COUNTY F HAWAII DEC 3 Q 8 COUNTY CLERK' Date Bill No.: 390 C-1539/PC-10- . !'Eisapprovrday Reference: Ord No.: 08 179 it1AYt7R, COUNT}'OFHAWAI'1